Have you heard that Disney's Mickey Mouse, a character loved by people all over the world, can be used for free from this year? In the United States, January 1st every year is Public Domain Day*, when content that was protected by copyright is converted into the public domain. The copyright on Mickey Mouse, which has been protected as Disney's representative mascot for the past 95 years, expires in 2023, making it a public property that everyone can use commercially.
How long is copyright protected?
Let’s first learn about copyright and copyright protection period. Copyright is the exclusive right that an author has to their own work, and it arises at the time of creation. Not only famous people's artwork and corporate characters, but even drawings made by children at home are copyrighted as soon as they are created.
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In South Korea, an individual's copyright can be protected for the life of the author and up to 70 years after death. Additionally, anonymous or pseudonymous (unknown) works last for 70 years from the time of publication. However, in the case of anonymous and pseudonymous works, copyright is deemed to have expired when 70 years have passed since the author's death.
Copyright for business-related works is also
recognized for 70 years from the time of publication. If the work has not been
published within 50 years from the time of completion of creation, a protection
period of 70 years from the time of creation is recognized.
Copyright protection period in the United States
In the United States, individual copyrights
are said to be valid for the life of the author and up to 70 years after death.
However, if it is an anonymous, pseudonymous, or corporate work, the copyright
lasts longer than in Korea. Copyright is said to be protected for 95 years from
the first publication or 120 years from the year of creation, whichever comes
first. Disney's Mickey Mouse made his name known when he first appeared in the
1928 animated film Steamboat Willie. 95 years have passed and it has become a
creation that anyone can use starting January 1, 2024.
Are all Mickey Mouse characters public property?
The answer is ‘No’. A notable characteristic
of Mickey Mouse in 1928, when he debuted as Steamboat Willie, is that he does
not wear white gloves. The eyes are black and the body size is small, making it
quite different from the current Mickey Mouse. The Mickey Mouse that has become
a public work this time is the Mickey Mouse of the past, first revealed to the
public in 1928.
Mickey Mouse debuted as 'Steamboat Willie' in 1928
<source: Wikipedia>
Since then, Mickey Mouse's form has changed
little by little based on his past appearances. Through the changes, the
current Mickey was born, wearing white gloves and having a stockier body than
before and white eyes. New Mickey Mouse characters introduced after 1928 are
still protected by copyright.
Mickey Mouse character evolution <source: News one>
Then can we freely use the 1928 version of
Mickey Mouse?
There is a meme that satirizes Disney’s
strong copyright protection: ‘‘If you are unfortunate enough to be stranded on
a desert island, don’t write SOS Survival, Draw a big Mickey Mouse on the
ground’’, meaning that Disney’s legal counsel will come faster. In fact, there
is a case where, under pressure from Walt Disney, the U.S. Congress extended
the copyright term from 50 to 70 years after the author's death. Since the
public knows that Disney is putting all its effort into protecting its
copyrights, questions are raised as to whether they can really freely use the
1928 version of Mickey Mouse.
Expired copyright
Since the 1928 version of Mickey Mouse's
copyright expired, the character can be freely used in various creative works
such as movies, broadcasts, cartoons, and games. Examples of famous characters
becoming public property include Winnie the Pooh and Bambi the Little Deer,
which showed various appearances in advertisements and movies after their
copyrights expired. The cute Winnie the Pooh and Bambi also became the main
characters of a horror movie. Mickey Mouse was no exception. Recently, a game
distribution platform released a trailer for a horror game that transformed
Mickey Mouse into a horror character.
'Winnie the Pooh', the killer horror movie protagonist, and Mickey Mouse transformed into a horror game character <source: Chosun.com/ gametoc>
Perpetual trademark rights
Unlike copyright, which expires after the
legal period, trademark rights can be renewed every 10 years, so Mickey Mouse's
trademark rights are permanent. Therefore, if you want to use Mickey Mouse's
name, logo, or character on a product or service, you must obtain permission
from Walt Disney. In other words, the use of Mickey Mouse in copyrighted works
such as movies, videos, novels, etc. is free, but when sold as a product or
service, using the character without permission from the trademark holder is
unauthorized use and is subject to legal action.
an example of virtual image using a character in a product (not an actual product for sale) <source: freepik>
So far we’ve looked into how Mickey Mouse,
one of the most famous characters on the planet, became public domain starting
this year. I look forward to seeing Mickey Mouse more often in various forms in
the future. Furthermore, we are also curious about Disney's future steps
strengthening its trademark rights and discovering new characters after the
expiration of the copyright for the 1928 version of Mickey Mouse. I hope that
this case will be an opportunity for everyone to think about the various ripple
effects that will occur due to the expiration of character copyright.
